The Supreme Court of Canada has rightly ruled that police can’t have a lawyer vet their notes before these are submitted to the Special Investigations Unit.

Canada’s Supreme Court ruled on Dec. 19, 2013, that police officers under investigation should not be allowed to have lawyers vet their notes before these records are handed in.

Published on Thu Dec 19 2013

In a decision that can only bolster public confidence in policing, Canada’s Supreme Court has wisely ruled that officers under investigation should not be allowed to have lawyers vet their notes before these records are handed in.

Such notes are meant to document an officer’s observations and actions. They’re supposed to be an honest record. But that goal isn’t well-served by having an attorney helping in the preparation of these files.

Police had argued that if they’re under investigation, they should have the right to consult with a lawyer before submitting their notes. But the court ruled that going over records in this way risks “compromising the independence of an officer’s recollection of the facts.” That runs counter to an officer’s duty and undermines public trust in the system.

The top court’s welcome verdict is an overdue victory for the families of Doug Minty, 59, and Levi Schaeffer, 32, two mentally ill men shot by Ontario police in separate incidents in 2009. Extensive police consultations with lawyers took place after both those tragedies, ultimately bringing this issue before the Supreme Court.

The ruling Thursday is also of help to Ontario’s Special Investigations Unit, the agency summoned whenever police are involved in a fatality, serious injury or face accusations of sexual assault. Forbidding officers from fiddling with their notes, and perhaps slanting them through a lawyer’s help, will make it easier for the SIU to root out the facts.

Police have long benefited from special treatment, including rules interpreted in their favour when accused of breaching the law. The latest Supreme Court finding takes a step toward a better balance. It helps restore public faith that when officers do wrong, the system can make them face real consequences.

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